Govind Mathur, J. - (1.) BY executing an agreement the appellant carrier provided tank trucks to the respondent Oil Company to transport petroleum products. The Chief Operating Manager of the Oil Company under an order dt. 09.05.2007 blacklisted/banned four tank trucks of the carrier along with their crew from carrying petroleum products, being found tank truck No. RJ - 27 -G -1059 involved in malpractice.
(2.) BY submitting an application as per the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") the appellant carrier sought an interim injunction for staying blacklisting and all other consequence thereto. To substantiate the relief as claimed under the application referred above it was contended that as per the guidelines prescribed under Annexure - 1 appended to the agreement, no tank truck or its crew could have been blacklisted without holding an investigation as per the procedure prescribed by the company, however, learned District Judge, Udaipur by order impugned dt. 06.08.2007 rejected the application by holding that no inquiry was desirable in view of the fact that the petroleum products carried by the tank truck were seized being found adulterated.
(3.) IN the instant appeal validity of the order aforesaid is questioned with the argument that as per the agreement executed between the parties, an investigation according to the procedure prescribed by the Oil Company is necessary for blacklisting, thus, the District Judge erred while holding that no such inquiry was desirable.;